HOW ARE WE GOING TO PAY FOR THAT? Raising School District Funds: - - PowerPoint PPT Presentation

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HOW ARE WE GOING TO PAY FOR THAT? Raising School District Funds: - - PowerPoint PPT Presentation

HOW ARE WE GOING TO PAY FOR THAT? Raising School District Funds: Help for the Needy, Options for the Greedy, and Traps for the Unwary January 8, 2014 39 Offices in 19 Countries Todays Presenters Richard D. Manoloff Partner, Squire


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39 Offices in 19 Countries

HOW ARE WE GOING TO PAY FOR THAT?

Raising School District Funds: Help for the Needy, Options for the Greedy, and Traps for the Unwary

January 8, 2014

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Michael L. Sharb Partner, Squire Sanders (216) 479-8389 mike.sharb@squiresanders.com

Today’s Presenters

Richard D. Manoloff Partner, Squire Sanders (216) 479-8331 richard.manoloff@squiresanders.com

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Tax Levy Options - Operating Ad Valorem Property Tax

Millage Levies

–Traditional –Phased in over time –New: “providing for school safety and security”

Fixed Sum Levies

–Emergency/Avoid an Operating Deficit –Phased in over time –“Substitute” –“Conversion”

School District Income Tax (SDIT)

Two Different Possible Tax Bases

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Tax Levy Options – PI Property Tax

“General Permanent Improvements” Specific Purpose

– Can be converted to “general permanent

improvements”

School District Income Tax

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Tax Levy Options - Combinations

  • Operating + PI
  • Operating + Bond Issue
  • Operating + Bond Issue + PI
  • PI + Bond Issue
  • SDIT + Bond Issue
  • SDIT + Property Tax Levy (Fixed Sum)
  • OSFC Issues + Various Options
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Tax Levy Considerations & Cautions Duration

PI and current expense millage levies – any number of

years up to 5 or for continuing period of time (if PI purpose is “general permanent improvements”)

Emergency levies – any number of years up to 10 Incremental, substitute and conversion levies – any

number of years up to 10 or for continuing period of time (for dollar incremental levy, renewals only)

SDIT – any number of years or for continuing period of

time

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Tax Levy Considerations & Cautions Timing

Deadlines in advance of 90-day Board of

Elections filing deadline

– 120th day – certain bond issues – 105th day – conversion levies; combination bond

issue + SDIT

– 100th day – SDIT; combination SDIT + property tax – 98th day – certain bond issues (policy, not statute) – Emergency and substitute levies – KNOW YOUR COUNTY’S REQUIREMENTS

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Tax Levy Considerations & Cautions Timing (continued)

Renewal (elections in advance of levy expiration)

– PI and current expense levies – general election

prior to last year of collection + any election during last year of collection

– Emergency levies – primary and general election

prior to last year of collection + any election during last year of collection

Permissible Elections

– Not more than three elections in any calendar year

to include certain types of questions

– For SDIT and combination SDIT + bond issue, not

more than two elections in any calendar year and, if two, one must be general election

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Tax Levy Considerations & Cautions Voting

2/3 vote on 2nd resolution

– PI; current expense; substitute; combination current

expense + PI; incremental levies

2/3 vote on 1st resolution

– Conversion

2/3 vote on both resolutions

– Combination bond issue + property tax levy;

combination bond issue + SDIT; combination SDIT + property tax levy

Majority vote – most others Separate and distinct roll-call vote on each

resolution

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Tax Levy Considerations & Cautions Certifications

County Auditor/Fiscal Officer

– Any levy involving property taxes

State Tax Commissioner

– Any levy involving SDIT, and conversion levies

Advance Communications

– SDIT – certification will convert $ to % (rounded to

nearest ¼ of 1%)

– Emergency levies – certification will convert $ to

mills

– Bond issues – some counties will round to

hundredths, others will not; some will only round up

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Tax Levy Considerations & Cautions

  • Application of HB 920 & Millage Cap
  • “Rollback” Exemption
  • Levy Fatigue
  • Borrowing Authority Differences
  • Reduction Possibilities
  • Plans of Overlapping Taxing Authorities
  • Problematic Proceedings
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Tax Levy Calendar for Balance of 2014

May 6, 2014

–120th day before this election was January 6,

2014

–90th day = February 5, 2014

August 5, 2014

–120th day before this election is April 7, 2014 –90th day = May 7, 2014

November 4, 2014

–120th day before this election is July 7, 2014 –90th day = August 6, 2014

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Tax Levy Campaigns

  • Use of Public Funds
  • Use of Public Facilities
  • First Amendment Issues
  • Ethics Issues
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Questions?

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Future Webinars in This Series

The Immortal Words of Donald Trump

Nonrenewals in the era of OTES. Are you ready?

Wednesday, February 5, 2014

Wuz Op?

Ohio’s New Special Education Operating Standards: What you need to know today.

Wednesday, March 5, 2014

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Thank You!

Contact us with any questions:

  • Rick Manoloff: richard.manoloff@squiresanders.com
  • Mike Sharb: mike.sharb@squiresanders.com